Sarwar Jaman v. State Of West Bengal And ORS.
22.11.2023 d.p.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 25989 of 2023 Sarwar Jaman -versus The State of West Bengal & Ors.
Mr. Partha Pratim Roy.
...For the Petitioner.
Affidavit-of-service filed in Court today is taken on record.
The technical bid of the petitioner has been rejected in the technical evaluation stage on the ground that the petitioner failed to produce document in support of his solvency amounting to Rs.9,99,600/- but only relied upon document to show his solvency upto Rs.5,00,000/- only.
The petitioner has annexed the certificate issued by the Branch Manager, Punjab National Bank mentioning that the petitioner was the customer of the Bank and may be regarded good for any engagement upto a sum of Rs. 25 lakh.
The petitioner submits that the document showing his solvency upto Rs. 25 lakh was not taken into consideration by the tender evaluation committee. Representations dated 26.10.2023 and 30.10.2023 were filed by the petitioner objecting to
such rejection but the same is yet to be considered by the Block Development Officer, Jalangi, Murshidabad. None appears on behalf of the respondents in spite of service.
As it has been submitted that the respondents are moving at a very fast pace and there are chances that the work order may be issued soon, if not already issued in the meantime, accordingly, the Court directs the Block Development Officer, Jalangi Block to immediately take into consideration the objection filed by the petitioner on 30th October, 2023 along with certificate issued by the Punjab National Bank on 26th September, 2023, provided the said document was submitted by the petitioner at the time of submission of bid.
The Block Development Officer is directed to grant an opportunity of hearing to the petitioner by 29th November, 2023 to produce relevant documents. A decision shall be taken by the Block Development Officer by 30th November, 2023.
The Block Development Officer is directed to upload all the documents submitted by the bidders in the official portal so that the petitioner will get the knowledge with regard to the documents which were submitted and taken into consideration by the authority at the time of evaluation of the technical bid. If the Block Development Officer is of the opinion that the grievance of the petitioner is genuine, then necessary remedial steps shall be taken by the said authority in accordance with law.
The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)